The 5: Takeaways from the Coyotes’ introduction of Alex Meruelo While the Arizona State Sun Devils and head coach Todd Graham had a good season on the field, it didn’t translate necessarily to the seniors leaving the program and their likelihood of hearing their names called during the 2013 draft.In fact, there’s a real chance no Sun Devils will feel the exhilaration of that moment.That doesn’t mean there aren’t a couple of prospects that could end up on NFL rosters, and I do think there are two players that could be fortunate enough to end up as late-round draft picks. Marshall is the Dan Buckner of the Sun Devil draft prospects, as he started the season with early day three talk and an opportunity to move up into a day two prospect with a solid senior season.Instead, he is likely to land outside of the draft and become a priority free agent.Marshall is a compact, thickly-built power runner, but isn’t a special athlete when it comes to getting to and through the line of scrimmage.When he is hit in the backfield he can push forward and typically falls forward, but Marshall doesn’t show a great ability to get back up to top speed. And even when he breaks tackles he often will get tackled by the secondary defenders.Marshall offers an excellent ability to catch the ball out of the backfield and knows how to follow and set up his blockers in the screen game.Where Marshall will struggle at the next level is creating something out of nothing. He is heavily reliant on his offensive line opening up holes, while lacking creativity in his runs and a burst to take things outside when he gets into trouble in the backfield.Teams will like what Marshall offers as a one cut, downhill runner, but his lack of burst and ability to make plays when they aren’t there will send him tumbling down and possibly out of draft day consideration. Comments Share Derrick Hall satisfied with D-backs’ buying and selling Brandon Magee, OLB, 5-11, 223 lbsHad injuries not beset Magee, I believe his career arc would have turned out slightly different.A productive college linebacker, Magee is the type that fits into the 4-3 weak side linebacker role. He is a good enough athlete to play in the run game and compete in the passing game week in and week out.He shows a good nose for the ball and understands angles when tracking plays. Magee also explodes to and through the ball carrier.Where Magee struggles is taking on blocks, as his small frame causes him to get washed out of plays run at him too often. When he does attack the blocker it is often trying to get around, instead of taking them head on, stopping their movement and then shedding them to make a play (stack and shed).When he runs around, he will get himself out of position and miss an opportunity to make a play near the line of scrimmage, but his athleticism and non-stop motor allow him to get back into and usually make a play downfield.Magee will need to show the ability to be at least a special teams contributor early and often while working towards getting an opportunity at cracking the defensive rotation, but he has the ability to do both. Here are the three Sun Devils that could break through and hear their names called.Keelan Johnson, S, 6-0, 209 lbsJohnson is the prospect for ASU that is generating the most buzz in draft analyst circles, and for good reason.Johnson brings the unique ability to line up at both safety spots, and looks just as comfortable dropping into coverage as he does coming down and lining up in the box and making plays in the running game.Johnson has shown the ability to line up in the slot in a one-on-one situation with wide receivers and shows a good ability to flip his hips to turn and run in coverage.Where Johnson truly excels is as a ball hawk, where he has a knack for making big plays.Johnson will have some work to do in coverage techniques and understanding how to correctly diagnose and attack plays, but his ability to line up at different spots on the field will make him coveted, whether that means in the draft or as a priority free agent.Johnson is the new type of safety that is making their way to the NFL and should be an intriguing pick for a team later on day three. He could possibly be a guy that matches up with the new age NFL tight ends.Cameron Marshall, RB, 5-11, 223 lbs Top Stories His athleticism, albeit with injury concerns, and playmaking ability in the open field make him an attractive late-round flier or quality priority free agent.While the three talked about above are the most likely, and I use that term loosely as I wouldn’t be shocked to see none of the players drafted, they aren’t the only ones who will get calls from teams after the draft.CB Deveron Carr, P Josh Hubner, WR Jamal Miles and WR Rashad Ross are all players I expect to draw interest as undrafted (priority) free agents after draft weekend 2013 ends, and sometimes that works out better for players. See Burfict, Vontaze. Former Cardinals kicker Phil Dawson retires Grace expects Greinke trade to have emotional impact
Three years ago, on November 14, 2012, the DOJ and SEC released the FCPA guidance. The guidance generated a substantial amount of buzz, but the festive coverage soon subsidized as the guidance turned 1, 2, and now 3 years old.Yet, on this third anniversary of the FCPA guidance, it is useful to take a look back, particularly because the DOJ is rumored to be considering additional FCPA guidance that no doubt, if released, will likewise generate a substantial amount of buzz and festive coverage.As highlighted in this post, the 2012 FCPA guidance was a long-time coming to say the least.For instance, in the 1988 FCPA amendments Congress encouraged the DOJ to issue FCPA guidance. The DOJ refused. In 2002, the OECD encouraged the DOJ to issue FCPA guidance. The DOJ refused. In 2010, the OECD again encouraged the DOJ to issue FCPA guidance. The DOJ again refused. In the aftermath of the November 2010 Senate FCPA hearing the DOJ was again encouraged to issue FCPA guidance. The DOJ again refused.It was only after the FCPA reform movement gained steam in 2011 that the DOJ made the political move in announcing that FCPA guidance would be forthcoming. Tellingly as to the DOJ’s political motivations, actual issuance of the guidance took over one year and occurred a few days after the 2012 elections. For more on the above chronology of events, see the article “Grading the FCPA Guidance.”As discussed in this November 2012 post, there was little new information in the guidance to those previously knowledgeable about the FCPA and its enforcement. Yet, to those persuaded by non-lawyer journalist coverage of FCPA topics and/or selling FCPA compliance services, the guidance was indeed “new.”Sure, the guidance was a useful document to the extent it captured in one document the DOJ and SEC’s views on the FCPA and related topics.But that is all the guidance did.Criticism of the guidance was widespread, including by former high-ranking DOJ officials. (See this prior post rounding up approximately 50 law firm client alerts, etc. regarding the guidance). For instance, Steven Tyrrell, former chief of the DOJ fraud section stated that the guidance was “more of a scrapbook of past DOJ and SEC successes than a guide book for companies who care about playing by the rules.” (See also this prior post highlighting former Deputy Attorney General Larry Thompson’s views on the guidance.)Indeed, the guidance did not represent the “law,” but rather DOJ and SEC interpretations of the law and as highlighted in this article the guidance was not a well-balanced portrayal of the FCPA as it was replete with selective information, half-truths, and, worse information that was demonstratively false.Even so, in the guidance, and in connection with its release, the enforcement agencies made some sensible statements (see here for the prior post) such as:the enforcement agencies are “focused on bribes of consequence – ones that have a fundamentally corrosive effect on the way companies do business abroad.”enforcement efforts are focused on “payments of real and substantial value that clearly represent an unambiguous intent to bribe a foreign official to obtain or retain business”enforcement agencies are “interested in companies spending compliance dollars in the most sensible way” and that the guidance can help companies as to where they can “minimize investment and where they can maximize it.”As highlighted in this prior post, one of the more useful aspects of the guidance is that it could thus be used as a measuring stick for future enforcement activity.Since the guidance, there have been approximately 30 corporate FCPA enforcement actions. Several of these enforcement actions such as Ralph Lauren, Phillips, Stryker, Allianz, Bruker, Layne Christensen, Smith & Wesson, BNY Mellon, Mead Johnson, BHP Billiton, FLIR Systems– raise the issue of whether the enforcement agencies are indeed acting consistent with their own guidance, let alone the FCPA statue itself.In short, three years has passed since the guidance and not much has changed.It would seem that the only thing that has changed is that the principal spokespersons / authors of the guidance are now part of FCPA Inc. making millions in the private sector advising companies against the FCPA enforcement climate they helped create.As far back as 1982 it was recognized in the FCPA context that the United States should be a nation of laws, not a nation of men and women issuing non-binding guidance.The 2012 FCPA guidance was just that – men and women issuing non-binding guidance.As FCPA Inc. anticipates a new round of rumored non-binding FCPA guidance by men and women, let’s remember this.Indeed, just as the men and women who authored the 2012 guidance soon left the government, the men and women who draft this next round of rumored FCPA guidance are likely to exit the government in the next two years.